Ordinance No. 5830
•
ORDINANCE NO. 583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS; CLOSING THE HEARING GIVEN TO THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EAST
WRIGHT BLVD. IN THE CITY OF BAYTOWN, TEXAS, AS TO
SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE-
MENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,
REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CON-
TRACT IN.CONNECTION WITH SAID IMPROVEMENTS, AND THE
ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF;
OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS
OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS
TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF
IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT
® AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEED-
INGS AND THE PERFORMANCE OF ALL PREREQUISITES TO
FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIA-
BILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS,
FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES
ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF
FOR. PAYMENT . OF PART. OF THE .COSTS OF THE IMPROVE-
MENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR
COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS the City Council of the City of Baytown, Texas,
has heretofore, by its Ordinance No. 541 duly enacted on May 13,
1959, determined the necessity for and ordered the improvement of
East Wright Blvd. within the limits indicated, to -wit:
® EAST WRIGHT BLVD. from the east property line
of Danubina`Street to the west property line of
Bayou Drive.
by raising, grading, filling, widening, permanently paving or
repaving same by the construction, reconstruction, repairing and
realigning concrete curbs and gutters in the manner and where the
City Engineer determines that adequate curbs and gutters are not
now installed on proper grade and line, and by construction of
such drains and other incidentals and appurtenances as deemed
necessary by said Engineer, said improvements to be in accord-
ance with the Plans and Specifications which have heretofore been
prepared and filed by the City Engineer and approved by the City
Council; and
® WHEREAS, by virtue of its low bid for construction of such
improvements on the said East Wright Blvd., the City Council, in
behalf of the City of Baytown, has heretofore entered into a con-
tract with Brown & Root, Inc., for construction of said improve-
ments; and
WHEREAS said City Council has caused the City Engineer to
prepare and-file estimates of the costs of such improvements and
estimates of the amounts per front foot proposed to be assessed
against the properties abutting said street to be improved and
the true owners thereof, and said City Engineer has heretofore
® filed said estimates and a statement of other matters relating
thereto with said City Council and same have been received, exam-
fined and approved by said governing body; and
WHEREAS, by ordinance dated January 28, 1960, the City
Council of the City of Baytown ordered that a hearing be given to
the real and true owners of property abutting upon the said East
Wright Blvd. within the limits specified, and unto all persons
owning or claiming any such abutting property or interest there-
in, and to all others owning, claiming or interested in said pro-
perty or any of said matters as to the assessment and as to the
amounts proposed to be assessed against each parcel of such abut-
ting property and the real and true owners thereof, and as to the
special benefits to such abutting property and the owners thereof
by means of said improvements, for which special assessments are
to be levied, and as to the accuracy, sufficiency, regularity and
validity of the proceedings and contracts in connection with said
improvements and :proposed special assessments, and concerning any
matter or thing connected therewith, said hearing to be held at
the City Hall of the City of Baytown, Texas, at 7:00 o'clock p.m.
on the 25th day of February, 1960, at which time all persons,
firms, corporations or estates owning or claiming any such abut-
ting property, and their agents or attorneys or persons interested
in said proceedings might appear in person or by counsel and offer
- 2 -
•
• evidence; and
WHEREAS said ordinance further ordered and directed the
City Clerk of the City of Baytown, Texas, to give notice of said
hearing by publication, as provided for and in accordance with
the terms and provisions of Chapter 106 of the Acts of the First
Called Session of the Fortieth Legislature of the State of Texas,
known and shown as Article 1105 -b of Vernon's Annotated Civil
Statutes of Texas; and by mailing (by first class mail, postage
prepaid) a copy or substantial copy of the notice so published
or to be published addressed to the respective owners of the
® various and sundry parcels of property abutting upon said street
at their respective usual and best mailing addresses; and
WHEREAS said notice, as ordered and directed by said City
Council and as required by law, has been properly given by pub-
lication of same in The Baytown Sun, a newspaper published in
said City of Baytown, Texas, on February 8, 15, and 22, 1960;
said notice having been further given by mailing, by first class
mail postage prepaid, of substantial copy of said notice to the
respective owners of the various and sundry parcels of property
abutting upon said street to their respective usual and best
mailing addresses; and
WHEREAS, after due, regular and proper notice thereof, all
as provided by law, said hearing, of which notice was so given,
was opened at 7:00 o'clock p.m. on February 25, 1960, at the City
Hall in the City of Baytown, Texas, pursuant to the notice herein -
above referred to, at which time opportunity was given to all of
said referred to persons, firms, corporations, estates or other
owners of such abutting properties, their agents and attorneys,
to be heard and to offer evidence as to all matters in connection
with such ordinance and notice, at which time the following
appeared and the following statements and testimony were given,
� 0 to-wit:
- 3 -
•
i4INUTES OF THE REGULAR ivEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 25, 1960
The City Council of the City of Baytown, Texas met in regular session
on Thursday, February 25, 1960, at 7:00 o'clock P.iL , in the Council Room of
the Baytown City Hall with the following members in attendance:
P. H. !-fears Councilman
W. L. Ward Councilman
K. E. Badgett Councilman
1•1. D. Reeves Councilman
Al Clayton Councilman
Lacy Lusk Councilman
R. H. Pruett Mayor
J. B. LeFevre City Manager
Edna Oliver City Clerk
Absent: George Chandler City Attorney
• The Mayor called the meeting to order and the Invocation was offered
by ins. H. ii. Campbell, afterwhich, the City Clerk was instructed to read the
minutes of the regular meeting of February 11th., Councilman Clayton requested
that the minutes be corrected to read: _& scellaneoua: - "The City Manager was
instructed to use his own judgement in designating the cars, equipment and
trucks on which City of Baytown decals should be placed." With this correction,
Councilman Hears moved to dispense with the reading and the minutes be approved.
Councilman Badgett seconded the motion. The roll. call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
" Ward
" Badgett
" Reeves
" Clayton
r' Lusk
Mayor Pruett
Hearin - Ordinance ClvstiM - dri ht Blvd. i4urrill Live Oak Forrest Streets
The benefit hearing for the permanent improvement of lIright Blvd., For-
rests Live Oak and West Harrill Streets was opened by Aayor Pruett. Edgar W.
irionteith, Houston attorney presided in the absence of City Attorney Chandler.
He called Steele M. McDonald, who stated, in response to questions, that he
has been a resident of Baytown, Texas, since 1924; the past ten (10) years
of which he has been engaged in the selling and appraisal of real estate values
of such property abutting that portion of East Wright Blvd, Forrest, hive Oak
and West Mairrill Street covered under the proposed improvement projects. He
had served for three (3) years on the Equalization Board of the City and had
been a member of the Baytown Planning Commission which had been very active
in the promotion of a Street Improvement Bond program for the City in 1958.
It was his opinion that all properties located thereon and involved in this
paving program will be enhanced in value in amounts exceeding the costs of
such improvements as shown by the Engineer's schedules contained in the pub -
liahed notice of hearing.
Mayor Pruett asked if any in the audience had questions to ask or pro-
tests to offer concerning the proposed improvements. The City Clerk presented
the names of D. C. Kane, S. P. Wilson and Mrs. Ethel Bush, each of whom had
signed a written protest disapproving such improvements on Wright Blvd. Mr.
E. N. Atiyeh, 1502 Wright Blvd., accused the Council of being utterly delin-
quent in its duty to residents along 1lright Blvd, by not placing permanent
• topping on the street following a curb and gutter program instituted by
property owners in 1958. R. ivi. Johnson, 2001 Wright Blvd., promoter of the 1958
curb and gutter program, defended the City officials by stating that no such
promise had been made to the property owners; the agreement was excavation,
with shell for street base, and a light oil topping to prevent dust, all of
•
which has been done by the City. Others on Wright Blvd. protested the manner
in which the petitions had been handled and the general misrepresentation of
those circulating the petitions. Some questioned the drainage provisions and
after repeated assurances that such problems were included in the engineer's
plans and specifications, the confusion in general subsided. The Council
received some questions from residents on West Piurrill and Live Oak, after -
which, City ivianager LeFevre introduced and read an ordinance closing the
hearing given the real and true owners of property abutting upon West Iiwrill,
from the south property line of West Lobit Street to the west property line
of North Whiting Street; fixing the charges and liens against said properties
and providing for issuance of assessment certificates and the manner of coll-
ection. Councilman Badgett moved to adopt the ordinance as read. Councilman
Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Dears Nays: None
Ward
Badgett
Reeves
Clayton
Lusk
mayor Pruett
iThe caption of the ordinance follows:
ORDINANCE NO. 580
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF BAYTOWN.*
TEXAS, CLOSING THE HEARING GIVEN THE REAL AND TRUE OWNERS
OF THE PROPERTY ABUTTING UPON WEST A'i WILL STREET FROiki THE
SOUTH PROPERTY LINE OF WEST LOBIT STREET TO THE WEST PROPERTY
LINE OF NORTH WHITING STREET, IN THE CITY OF BAYTOWN, TEXAS,
AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IIAPROVEI4ENT
THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND
VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH
SAID IiCROVEIENTS, AND THE ASSESSIiENTS TO BE LEVIED COVERING
THE COST THEREOF, OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED: FINDING AND DETERPaNING SPECIAL BENEFITS
TO EACH PARCEL OF FR OPERTY AND THE OWNERS THEREOF IN EXCESS
OF THE Ai.,iOUNT OF THE SPECIAL ASSESSMENT AGAINST SAivJE; FIND-
ING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFCRIyiANCE OF
ALL PREREQUISITES OF FIXING THE ASSESSMENT LIENS AND THE PER-
SONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSi -ENTS,
FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID
• STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE
COSTS OF THE IiTROV&ENTS; PROVIDING FOR THE ISSUANCE OF ASSIGN-
ABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
The City Manager introduced and read an ordinance closing ih a hearing
given the real and true owners of property abutting upon Live Oak Street, from
the east property line of Pruett street to the west property line of North
Commerce Street; fixing charges and liens against said properties and provi-
ding for issuance of assessment certificates and the manner of collection.
Councilman Badgett moved to adopt the ordinance as read. Councilman Reeves
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Dears Nays: None
it Ward
Badgett
" Reeves
" Clayton
Lusk
I-iayor Pruett
• The caption of the ordinance follows:
-2-
• WHEREAS, at said hearing, all parties desiring or in any
manner wishing to be heard concerning any of the matters mentioned
in said ordinance ordering and fixing the date of said hearing
and in said published notice, and as to any other matters con-
nected with said proposed improvements, contract and assessments
and the amounts thereof, were heard, and all matters as to the
accuracy, sufficiency, regularity and validity, and all matters
of error, equality and other matters connected with said improve-
ments, contract and assessments having been heard, considered .
and corrected, and said City Council having heard evidence as to
the special benefits to said abutting property and each parcel
thereof and to the respective owners thereof, in the enhanced
value of said property by means of such improvements, and said
City Council having given a full and fair hearing to all parties
making or desiring to make any protest or objections or to offer
testimony and having examined and considered all evidence, mat-
ters and testimony offered, and having found that said published
notice is valid and is in full accord with the requirements of
law; and
WHEREAS all proceedings with reference to making the
improvements above mentioned have been regularly had, in compli-
ance with the law, and all prerequisites to the fixing of the
assessment liens against the properties hereinafter listed and
the personal liability of the respective owners thereof have been
performed, and upon completion of said improvements and accept-
ance thereof by the City of Baytown, assignable certificates
should be issued in evidence of said assessments and liens and
the liability of the true owner or owners of said properties,
whether correctly named or not, all as provided by law: NOW,
THEREFORE,
BE IT ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF BAYTOWN:
Section 1. That the benefit hearing be closed and that
• such City Council finds that each and every parcel of property
- 4 -
0 abutting upon East Wright Blvd. within the limits defined will
be enhanced in value and specially benefited in an amount in
excess of the amount of the costs of said improvements proposed
to be assessed against each of said parcels of property abutting
said street within said limits defined and against the real and
true owners thereof, and against any railroad occupying said
street and the owners thereof, and that all objections and pro-
tests should be, and the same are hereby, overruled and denied.
Section 2. The City Council finds and declares that all
• proceedings with reference to the making of improvements as
herein stated on East Wright Blvd. in the City of Baytown have
been duly and regularly had in compliance with the law; that all
prerequisites to the entering into said contract for such work
and improvements and all prerequisites to the fixing of the
assessment liens against the properties hereinafter listed and
the personal liability of the respective owners thereof, whether
named or not, have been in all things performed and complied with,
and said City Council further finds and declares that all persons
interested have been given a full and fair hearing; that there is
not to be assessed against such abutting property and the owners
• thereof more than all of the costs of the construction of curbs
and gutters and nine- tenths (9/10) of the cost of constructing
the improvements other than curbs and gutters; that adjustment
and apportionment of costs among all properties and the owners
thereof have been made in full compliance with the law so as to
produce a substantial equality of benefits received and burdens
imposed and that the special benefits to each parcel of property
and the owner thereof in the enhanced value thereof by means of
said improvements is in each instance in excess of the amount of
the assessment made against said parcel of property and its owner,
and that the assessments, liens and charges declared against said
properties and their owners are in all things just and equitable.
5
I•
• V V V ti7
Q1 ul `Jti
v1 yl u1 �(1 yti
H
Y
V1
O
e 9'
►ws
'
0 •0
V
H
Y
3�
��
}i
�+. 0
@ H
Y
:1�
N
y
C-4
(D�
c+ n
. d
(D
L=d
ww
O
Y
(b
w
y
G
B
b
h
CD
�•
r b O
}y • 0
a' Y
h-' Y ro
ro W C+
�
ua
rC-4
0) J
' d
w
y
r
ro
c °7-1
yN
N
t P)
r C+
�'
C-.i
O
��
CZ �i
Y q-C
w (t
1x1 0
Fl 0
w a
a
rp
�r0
m
c+Y
Y
Fi•
H.
O
Y•
ro
c+H
w
r
O
b
H
�<
O
' 1 1 1
t7d
H
C] O
r W
ut�C
H w
o
O
x
d
itr!
W
�
w Y
w"
w .. 0)
m w
m
1cC+
f"�
(D
C+
>4
(D
cr
�
C<
y ro
C+ +
v ro
ro
`+
�
fD
CD
$
y
V
(rq b
C)'
IC-IF3
NO
by td
(D N "
1+
H
rV
H
V1
Ct.
N)
(D w
1V
(D w ct
w cF
N
Cl]
Y
Y
N)
O
ru
y
(n "
• V V V ti7
Q1 ul `Jti
v1 yl u1 �(1 yti
H
Y
V1
O
H
t3
Y
:E:
t3T',
:1�
bNtr+
roM:E:
-0 Qnb
w R. '10
IIr
W
�
w Y
w"
w .. 0)
m w
O
fV
O
loj -
V
NI-
F
o,.
(rq b
cm b
00 N i-i
(D N "
1+
H
rV
H
V1
O
N)
(D w
(D �> 2)
(D w ct
w cF
N
Cl]
Y
Y
N)
O
ru
y
(n "
. .
vt
I1
.
n
00
Co
.
O
Y
(n t+
\,r1
V.1
F-i
000
V�1
N
W a
O� N)
\0 (n N
1
H
V a
y ro
\�o (n
•,
b
..� (n
'.7. o
'►;' a
(D
trJ
H
IV
N)
N
IV
iU
ro
R7
0 W N
0 (n N
n 0 IV
O
t4
Q
d (D
t7t y - -t:j
Q
tj
tj
t1
tj
0
tl
W a d
7d ti
v t7
td m tj
w
w
w
w
v
w
w
w
ro w
a w
d
^d
a
a
a
�z
tl �3
a::5
t
d
>✓
I✓
t✓
G
f✓
0 :✓
s✓
W z
cr
H
F-'•
F�•
W
N•
4-'•
W
C 1�•
O Y•
a W
h+•
H
0
0
�s
�J
O
Ca
O
a>
w
w
w
w
w
Y w
w
v
0 2)
z
�
o
F< l
a
ry
Y�>
ti
�i
►i
�i
y
Fl
W "
�l
ru "
N "
(D
(D
(D
(D
(D
(D
w (D
(D
V (D
00 (D
En
(4
In
En
(n
N
N
In
CC) (n
co In
lam"'
OD
OD
1-
Oo
co
OD.
N
'sJ 1=1
O
O
a`
O
O
O
0:)
V
co
\O
r�
O
O
N
O\
V
tsi O
Z• .,.)
w
w
w
w
H7
IV
rV
O\
rU
N
V
w
V
\0
H
`11
vi
V1
V1
V1
V
J
• V V V ti7
Q1 ul `Jti
v1 yl u1 �(1 yti
N
N
- v1
H
Y
V1
O
H
O
O
N
�
W
v1
Y
V1
\71
D`
fV
O
v
V
V
F
V
V
vt
v1
w
CC)
v1
N
N
- v1
11
lb �>
1 H
O t4l co
0 0
tr!
H
iA
�aW
Ion
C'1
R.
O G� H
z
H
cn
G1
U)
t'J
Iz
-�
..
n
O
z 'C
H �
�c
� H
O
1w cn
to
H
'ad
O
O
H
H
C]
0 0
00
H H
00
Imi "Zi
C
H C�
tri
r�
v
`b
w
QQ
(D
Y
W
ZA
OD
rV
H
V1
O
N
YQ�
O
O
�D
. .
.
.
.
.
.
.
.
.
\,r1
V.1
F-i
000
V�1
11
lb �>
1 H
O t4l co
0 0
tr!
H
iA
�aW
Ion
C'1
R.
O G� H
z
H
cn
G1
U)
t'J
Iz
-�
..
n
O
z 'C
H �
�c
� H
O
1w cn
to
H
'ad
O
O
H
H
C]
0 0
00
H H
00
Imi "Zi
C
H C�
tri
r�
v
`b
w
QQ
(D
Y
1
d r c� I to
W pd a i (D W N O .
O' O w fD
`C x' tv tD N CM tT CL N �• Ct (D O ti '.3 CD N
to to C W '.:s P. y N M In F✓ 7i c+ x
r:E� wc+ roto r nO y (D (D �Ito H U
`? to pro c+ �n 0 Olt-, ti
(n ':S N• ~ C•b ' d ~• `D k t cad
(D �r O ro tZ) ro 0) c7 ro 0 W ro
•.U) roi y O
ED /��ry�} C++ C+ y ro CD I I 147I LC
G' CD C ✓ (D C+
V I
� y `+ (D (D
ro
Cr (D o C+ I
(D PL) H IE
_—.. ]d (D F-j -11�
10 d I to 1>
NI.- Nh tvl* - NIA n7t•, NEt+ )) cn C!] c+ H
N W N W N N N N W W W 1 0 O Ld I
N W W �' — �" vt vl v 'd WIN I
W � I
17-1 0
N N N N N N N N N N N O t4 O
• d d t:;; d d ty U u tj t:� t:) 7d 'ii
Ai N v iU W w W 03 N ru 'Ll
a � � � � n
st C± 0 JH O H H
O Q' t7 CY t3 Cs C3 L7 t7 IH 'o O Z
a a Io
Ev w w ry w v w m +t
In
n 0 0 n n I CS I
*! *! *i ►i *i �! ►! h h �! *i O C!]
(D ro (D ro ro CD ro CD ro ro (D I
to N N O O [n N to En fn to I
_ — OD co 00 QJ 0D OD co 00 co 00 W
O O O O O O O O O O O L71 0 H
W W W W W W W W W W W Hz O
N N N N N N N N N N N *3 10
VZ v l V1 Vl V l X31 i1 trl �1l Lt1 V1 H
T �1L vl Vl Vl Vl V l vY \Jk Vl V1 v t M� I H H
:,1 vZ �n v1 v1
1tv. to lo I
v 3 r I
X31 VA C) � H cn
47
..
O O ( OQ w
v v 2 1. Cz'1
NIA
N
CA I
O O O O ►-3
txj N
. . . . . . . . .
�ri vl ul ZA � un `n vn vR W W w O N
O O U]H
�r
f�J
C) t� "xi t-4 cn
c' o Q7 O o ti w H m (D H H O ct w w
(D H c+ O- G G a G y Fil O"I C+ H
i -' C) H ;+- :3 ti a I-'' (D (D CD (D " � G w H
G h C N ! td w c+ p A. 5 r (D g �
Fes•
:r- co c+ (D N• W H CJ •
LI N• H H! d r '.� = G (D O O
O c+ . O• CD G w (D O (D �; ► h b
(n (D r' Q1 y H i✓ F-'• N O r H O y
cD p, a) E� c+ w o' i C
� x (a w w G t o I
`°o x B
T V •
V Vu O
lV 1
c+ c+ (D O
(+ c c0+
(D
zg
Nlr Nlr Np-; N N✓N. Nl -• Nlr r::s- NlN H NI'' O
ul Q, ON V co V 00 ~O N t!]
N N N N N N N N N N N
td td H
L-4 o
o z
C]
Cl w IV
H b
H �-!
0 H
H t4
H
"d
a
� a
tR4 Cl)
4�
L
RO 0?
O
H H
a
cn
rH
O
cn H
G!
0iw
min
IH
C]
H
Ca']
H
O
�1
Itb
10
i�
RO
O
O
H
Q 0
O b
U] U]
H H
I-Xi 'm]
zci
c�
t:rj RO
H O
.. y
H t�-3-d
N
N
m
�Iy
to
C
H
cr
F--I
d
r.�
AM
tZI
t
NI
—
tz)
t
tzi
wty
AOi
nz)
Q•
d
a
a
�l
0)
m
a
:r
a
a
a
s
(D
(D
(D
(D
ro
(D
(D
(D
(D
(D
(D
(2-
N
N
N
N
(1)
V)
N
N
U)
(n
CC)
co
CC
co
H
0o
OD
H
co
H
OD
O
O
O
O
ON
O
O
O
O\
O
W
W
W
W
W
W
W
W
N
N
N
N
O\
N
N
!U
N
VZ
Vl
VZ
VI
% AA
� V (
`1l
� —
�ln —
vl�
H
H
w
�
H
H
►-�
H
H
w
H
.
.
.
.
.
.
.
.
.
.
vi
V1
\T(
V�
V1
ail
vl
�Jt
rl
yl
vl
H
N
H
O
�a)
�21?
N
07
O
U
W
H
H
H
H
N
H
H
N
W
N
H
0
0
0
o
o
°►-°
W
OD
H°'
�
HV
o
v
v v
_r
v
_r-
td td H
L-4 o
o z
C]
Cl w IV
H b
H �-!
0 H
H t4
H
"d
a
� a
tR4 Cl)
4�
L
RO 0?
O
H H
a
cn
rH
O
cn H
G!
0iw
min
IH
C]
H
Ca']
H
O
�1
Itb
10
i�
RO
O
O
H
Q 0
O b
U] U]
H H
I-Xi 'm]
zci
c�
t:rj RO
H O
.. y
H t�-3-d
N
N
m
�Iy
to
C
H
cr
F--I
d
r.�
AM
0
�J
i •
r rn
r�
br'
O\
�z
7 O H
c'
lo
m r�
Y. �.
(n
0) (D
W
(D
►b
c+ (D
H
%il
\
U'
O
Z tXi
FU-,
b
W
YO
: rt
Om
c+
►C
•
_
RM
Cl)
CD
H (D
cD
• •�
CZ
Ro
n
n
n
0
A
O
bd
pi
►i
ri
(D
(D
(D
(D
(D
N
EO
U)
EA
L
0
�
C.
Q'
vD
O,
y
H �
(CD F'
O
(D
0�
N
N
[D
N
0
O
t:5
w
•
(D
f'f
(D
C'I•
cri
N
H
CD
H
H
V
U
E3
N
r}
rt
V1
Vl
\l
v
(D
r
0
C+
C+
fA
:3r
W
�r
pi
O
(D
0
N
z
tcj
H
N
N
W
W
H N N N N N
Q
N
CY
N
n
►i
(D
N
i�l
O\
�z
7 O H
c'
lo
OD
x
O
W
H
►b
rbF-3i
H
%il
\
U'
O
Z tXi
FU-,
b
Ci
�
d�6
NZ
►C
_
'z,H•
Cl)
t7l I I
CZ
Ro
n
n
n
0
A
pi
►i
ri
(D
(D
(D
(D
(D
N
EO
U)
EA
L
0
�
0
0
0
H �
O
0�
N
N
N
N
H
�
►-r
H
H
V
U
V
V
V
r}
rt
V1
Vl
\l
Q
N
CY
N
n
►i
(D
N
O tj
C�
H
b
H
� O �
n
.,. Q
I � �
H 0
O
i�l
O\
�z
7 O H
c'
lo
OD
x
O
W
H
►b
rbF-3i
H
%il
\
U'
O
Z tXi
FU-,
b
Ci
�
d�6
NZ
►C
_
'z,H•
Cl)
t7l I I
CZ
Ro
O I
LLLLL+l) 0 I
O p
O tj
C�
H
b
H
� O �
n
.,. Q
I � �
H 0
O
1-'
�1
O\
O
IM ]d
OD
tz
O
W
H
ON
N
H
%il
\
U'
1-'
�1
H I:L-
�-3
v tijb
OZ J
C O Cn I
Q 1
H
N
OD
O
O
Q
U'
rye. n
_
Cl)
H I:L-
�-3
v tijb
OZ J
C O Cn I
Q 1
■ sS;
�H
.. O�
O Cl�
U�
O H
O
H
00 O II
co co i
H H
00
l3a 1-j I
C ad
tz
r�
H0
I• �O-3
H I
N
N
'rJ
M
U'
rye. n
_
Cl)
Ro
O p
z
H �
O
�
H
�r
■ sS;
�H
.. O�
O Cl�
U�
O H
O
H
00 O II
co co i
H H
00
l3a 1-j I
C ad
tz
r�
H0
I• �O-3
H I
N
N
'rJ
M
e
c+
Oil
i
h
0
Q
y
papl�'
1.,
O O
N�
�j
y
1
y
t
• 3
0
CD
O
tz
tr-� H
n
O Y
CD cr
x
0
x
��
Z
�U.�
•
'
b
O
to
O
C7]Gy
m
b
tl]
H
a
c+
H
1-3
CD
bi
t1
m
b
ti b
t"
w
Y
h-j
m
w•
C--4H
m
c+
W
O
co
(D 1--i
Y
G
(D
(D
0
z
C+
m CD
:3 t4
CD
co
+ h
O
b
C+
v
t-i
CD
CD
n
m
t~
c+
C+.
OC
v
H
►C
C= y
C+
N
tsj
CD
;G C
CD
O
�{
O
�
C+
Gb ^7 b
CD
O
CD
• •
10'•
H
0
Y
•O!
�
m�
q
t'j
CLA
�
N
O
M•
(ND
J
Y
cam+
m
Y
P.
p
CD
pU z
CD
w•
n
COD
O
b
tl7 :E� w (!] ir. t'j
J O 0
00 SD
O
h 3
N��-•
N
New
N�N
N
y
p
01 C+
R+ C+
M
O
1.10
%O
co
0
w 0
CD
h
L[=1J
O
C7
I;z
��
a
G
�
-�
Y
Y
►-'
W
W
W
W
W
W
W
N.
}+•
C]
H
b
b
b
b
b
a
b
"
.m7
p
5
p
7
Cro
O O
cm
O is
►
•
G
G
G
C
C
G
G
►-+ G
Y a
: tj
rr�
cr
CY
a,
tT
cr
v
CY
v
C'
• c
Q•
t7
bd
w•
w•
W
W
w•
w•
3-�•
N•
F+•
w•
w•
M
•ri
O
N C1
y
y
C)
n
0
0
0
0
n
H
0
H
0
H
0
H
0
•i
H
(D
m
(D
(D
(D
(D
CD
(D
CD
'O CD
b CD
+�
U
Cn
Cn
Cn
m
Cn
Cn
Cn
m
(n
cm co
C1G cn
173
y
y
OC►
m
04
�
ON
c a
00
OOH
W
to
O
O
O
O
O
O
O
O
W
W
1''
m,>
H
C)
lh
Vt
Vi
J
J
J
J
J
J
J
J
J
J
J
H
LZi *tl
COL
m
Clio
W
W
co
Q
ID
H
000
r�
on
O O
U) >n
t=j
C+ C+
N
•
IV
..
y
C 1
Co
i/1
"A
Czj
b C]
•- -
n
7
g
cr,
Cr
r
CO
H
H
C+ G
3
C+
m
(D
Y
W
cre
O
O
O
N
1j
Y
O
O
Vt
W
Cry C
J
J
J
O
�D
1.0
04
y
J N
• •
F '' F
W
Y
F-'
•
(D
•
O
�--�
cv
•o
a.
m
N
w
r
w c+
m
w
-3 :r.
f+
m�• x
O
::r
CD
m
Y
CD (D
ti
rj)
x
x
(D
x
aO
0
CD
r
ti
ti
l�
cd
r
H
V
D
QQ
z
V V
C
•
O
Qj
`m°
••
CD
to
N•
m
110
CD
�d
r tbd•
V t7
c+
C+
CD
j
(n
4
G
It
O
,,
�C
C��]
O
cro+
c�F,
cam+
G] �7
••
i
c0+
0
x
m
CD
N•
c
q
N
O
m
:!E:
3
p
X
`�
Z
tzj
x
r
CD
°
t-j
Z
tj
:E:
tri
:E:
m
C.
t d
o
N�
N�w
N��
N�'
N�r
N`F+
Nkr•
Nr^•
N�r
N�t••
N�
Nj�•'
Nh-
� �
ON
Cn
In
Vl
W
W
N
N
-'
d
C7
G
b
Y
Y
Y
Y
Y
h•
Y
Y
Y
Y
Y
Y
t
O
w
Sb
w
w
w
ro
w
m
m
ro
m
1:0
cC/3
C7•
Q
CY
Cr
CY
O'
v
v
O•
O•
c7l
Pm
W
W
G
P)
to
m
w
m
H
H
n
ytriy
z
•" 1
�C
'
CD
CO
CD
0)
(D
(O
(D
m
CD
co
CD
to
CD
CO
CD
CO
(D
CO
(0
(O
(D
CO
(D
(O
CD
(O
O
iC-3
OO
m
04
m
Oa
O0.
m
co
00
0�
W
O1
O4
tr1 bd
O
O
O
O
O
O
O
O
O
O
O
O
O
y 0
n
W
W
W
W
W
W
W
W
W
W
W
W
W
H
N
N
N
N
N
N
N
N
N
N
N
N
N
Y
F•�
N
Y
Y
1-a
Y
Y
Y __
Y
N
N
!-�
vii
Vii
vii
V�1
l�Jt
��rt
i�11
k-h
k.A
l�h
1�J1
In
l�Jt
C
r
O
O
d
d
O
O
O
O
O
O
O
O
O
C
.
.
.
.
♦
.
.
.
.
.
.
.
♦
O c
_
H H
N
.
N
� U]
O C
•
ca
a
O
00
�
v
HR°
�
W
W
H
•• �
H
txj
O
O
O
O
O
•-+
O
(D
O
O
O
O
Cn
�n
v�
vA
�n
�n
W
�n
vh
w
�n
in
vi
v+
Cn 8
Y N
�7
�]
-.7
-Q
•.7
O
J
O
-.7
-7
-7
Q) H�
N
z
c
x
H
�a
m
(6
i
0
c
H
x
H
d
ro
w
(D
ME
w
is
G"
0 (D
• w
CD
0"
"
G
R . M
ti
(D
cz
P.
c* a
H •
r
r
u
G
y u-
6
9 � l
Y•
(D
Y• P,
r-J CD
H
(D
(n
CD 7•
c+
d
CD
(A
O
rA
O
W
O
W
(n
]G
•
w
x CIJ O
z
a
F
9,
"aa
FC z H
�
m
y
•
R.
0
P.
m
C1 O
r a ec
•
P.
V)
0
+4�t
�
(D
a
c+
w
�
to
Cl t�
v
4
r
G
m
�7
O
►-+
O
CD
(D a
CD
CD
w
G
`•
ct
CGGT
z
(D
(D
co
C+
EO
(Q
�i
Z:r
LSD
l�7
O
Cy7
(D
�
�
t3'
N
c0+
C
H.
O
ya
••
c+
V
w
Cca +
ti
ID
CD
!C
v
(�Dy
CD
(D
F
z
Qc
yl
O
W
t17
t
L=J
It P� 94 W
w (D r�
r m
O
�
fla
—a
O b
N�r•
`�'-'
N�•
��'
(D (D a n
c+- (D
W
W
N
N
CP, PS
0
i�
O
CD .3'
(aD Ft
O C
m
y
H
H
t •'
r
N
r
► -+
x a, •c7
W
C Fi r
r'
F�
H
r
od O
CD
CJ a
O
ID
G
�l
•• H
a•
tT
tY
cr
v
O O
v
0*
O'
ID,
v
O7•
C b
Ctl O
Y
1�•
P.
Y•
h•' .`3
Y
O w
Y•
W
Y'
W
F-t LTj
w
w
m
w
w
NCD
w
Nw
w
w
w
m
H
R•
0
0
0
0
0
to
CD
(D
N
N
CD
N Y•
((D
N 0
CMD
((D
(CD
CD
[n
G7
CA
co
N
(n
CA
En
OJ
(n
(n
O
H �-3
a` 0a Cb OD oa O v+ ON a` 0%
O
O
O
O
O
O
O
H z
t y
C3
Vi
N
N
N
N
X11
vi
"�
F� N F•+ r r � r r r I-+ W
-3
Cx7 JV
m
CO.
�
04
Oa
w
m
r
O
O
O
O
O`
F-+
F-J
H
r
C O
V�
►d C]
C
iC O
•• ►-3
N
006
03
co
co
Fa
�
N
O
O
O
O
H
Fa
Cn o
J
v
U
c
H
x
H
d
ro
w
(D
ME
•
Section 3. That in pursuance of said ordinances heretofore
adopted and passed by the City Council of the City of Baytown
relating to the improvement of East Wright Blvd. in the City of
Baytown, and in pursuance of the above mentioned contract between
the City of Baytown and Brown & Root, Inc., the estimates, reports,
lists and statements of the City Engineer, and the notice and hear-
ing aforesaid, and by virtue of the powers conferred and contained
in the Acts of 1927 of the Fortieth Legislature of the State of
Texas, First Called Session, Chapter 106, page 499, being known
and shown as Article'1105 -b of Vernon's Annotated Civil Statutes
® of Texas, there shall be and there is hereby levied and assessed
40
against the properties abutting upon said portions of said street
and against the real and true owners thereof, respectively, the
description of said properties and the apparent owners, respec-
tively, and the amounts so assessed, being:
(INSERT ASSESSMENT ROLLS HERE)
- 6 -
•
• Section 4. That said several amounts, together with inter-
40
est, expense of collection, and reasonable attorneys' fees, if
incurred, shall be, and the same are hereby, declared to be a
first and prior lien on and against said respective abutting prop-
erties, and said amounts so assessed, together with said other
items, shall be, and the same are hereby, declared to be per-
sonal liabilities and charges against the true owners of said
properties, respectively, whether named or not, all as provided
in and by said Article 1105 -b of Vernon's Annotated Civil Statutes
of Texas aforesaid; and such assessments shall be collectible with
interest, expense of collections and reasonable attorneys' fees,
if incurred, and shall be first and prior liens on the property
assessed, superior to all other liens and claims except state,
county and city ad valorem taxes, and shall,be personal liability
and charges against the said owners of the property assessed;
that said sum so assessed shall be payable as follows, to -wit:
In six equal annual installments, one installment payable within
thirty days after the completion of said improvements and the
acceptance thereof by the City Council of the City of Baytown;
one installment one year from the date of such acceptance; one
installment two years from the date of such acceptance; one
installment three years from the date of such acceptance; one
installment four years from the date of such acceptance; and one
installment five years from the date of such acceptance, with
interest thereon from such date of acceptance at the rate of
six (6) per cent per annum, payable annually, and if default
shall be made in the payment of any interest or principal when
due, the whole of said assessment, upon such default, shall at
once become due and payable at the option'of said contractor,
Brown & Root, Inc., or its assigns; provided said property owner
shall have the privilege of paying any installments before
maturity by payment of principal and accrued interest.
- 7 -
0
0
•
•
Section 5. That for the purpose of evidencing said assess-
ments, the liens securing same and the several sums payable by
said property owners and the time and terms of payment, and to
aid in the enforcement thereof, assignable certificates shall be
issued by the City of Baytown to the contractor, or assigns, upon
completion and acceptance of said improvements, which certifi-
cates shall be executed by the Mayor and attested by the City.
Clerk with the corporate seal affixed, and shall be payable to
said contractor or assigns; said certificates shall declare the
said amounts, and the time and terms of payment thereof, the
rate of interest payable thereon, the description of the respec-
tive properties against which the aforementioned assessments have
been levied, sufficient to identify same, and same shall contain
the name or names of the apparent owners thereof.
Said certificates shall further set forth and evidence the
assessments levied and shall declare the lien upon the respective
properties and the liability of the true owner or owners thereof,
whether correctly named or not, and shall provide that if default
be made in the payment thereof, same shall be enforced by a suit
in any court having jurisdiction.
And the said certificates shall further provide that if
default be made in the payment of any installment of principal or
interest thereon when due, then at the option of said contractor
or assigns, being the owner and holder thereof, the whole of said
assessment shall become at once due and payable and shall be-
collectible with interest, expense of collection and a reasonable
attorney's fee, if incurred.
Said certificates shall further recite that the proceedings
with reference to making the improvements therein referred to
have been regularly had in compliance with the law, and that all
prerequisites to the fixing of the assessment lien againstthe
•
property described and the personal liability of the owner or
owners thereof have been performed, which recitals shall be evi-
dence of all the matters recited in said certificate, and no
further proof thereof shall'be required.
Section 6. That the City of Baytown shall not be liable
in any manner for the payment of any sum hereby assessed, but
said City shall exercise all powers conferred upon it by law,
when requested so to do by the holder of said certificates, to
aid in the collection thereof.
Effective date: That this ordinance shall take effect
® from and after the date of its passage by a majority of the
City Council of the City of Baytown.
INTRODUCED; READ and PASSED by a majority of the City
Council of the City of Baytown on this 25th day of February, 1960.
ATTEST:
® City Cler
0
- 9 -
r /y,
Mayo r